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1. On July 29, 2014, the Defendant issued a disposition to suspend payment of fuel subsidies and fuel subsidies for six months to the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a land owner of B truck (hereinafter “instant vehicle”) and a person who enters into an entrustment contract for the instant vehicle with Samyang Korea Transportation Co., Ltd. and engages in cargo transport business.
B. On January 4, 2013, the Plaintiff was sentenced to one year of imprisonment with prison labor and two years of suspended execution (Ulsan District Court 2012Gohap437) due to general car fire prevention assistance (hereinafter “instant criminal act”). While both the Plaintiff and the Prosecutor appealed, the judgment dismissing the appeal on May 9, 2013 (Seoul High Court 2013No47) was sentenced, and the judgment became final and conclusive as is, on the 22th of the same month.
The Defendant of the instant criminal act (Plaintiff) purchased 1 copy, 2 page 1, 200 on June 2012, 2012, from Defendant E’s request from Defendant E to receive time-frames, paints, fire-proof clothes, locks, etc., which are necessary for the fire-fighting operation, and transferred the said goods to Defendant E at the office of the G Branch Office of Ulsan-gun Branch G Branch Office of Cargo Co., Ltd. F located in Ulsan-gun Group F.
Accordingly, Defendant E, in collaboration with Defendant H, conducted a sacrific test by using a stopner, paint, lock, etc., and then, the sacrific fire was inflicted on the cargo vehicle, and the above Defendant E and H aided and abetted the crime of ordinary car fire prevention.
C. On July 29, 2014, the Defendant recovered fuel subsidies of KRW 20,730 paid to the Plaintiff pursuant to Articles 44 and 44-2 of the Trucking Transport Business Act, Article 9-11 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 25788, Nov. 28, 2014); and Articles 28 and 29 of the Regulations on the Management of Trucking Subsidies (hereinafter “instant Management Regulations”); and the Defendant notified that the payment of fuel subsidies is suspended for six months (from October 10, 2014 to February 9, 2015).